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HomeMy WebLinkAbout1992-02-05; Planning Commission; Resolution 3339I. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ' 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 3339 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD. CASE NAME: AVIARA PLANNING AREA 25 CASE NO: CT 90-37 WHEREAS, a verified application for certain property to wit: Portions of Section 27, Township 12 South, Range 4 West, San Bernadino Meridian, in the City of Carlsbad, County of San Diego. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of February, 1992, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CT 90-37, based on the following findings and subject to the following conditions: Filldillp: 1. The project is consistent with the City's General Plan and MP 177 since the proposed density of 1.25 du's/acre is within the density range of 0-4 du's/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2. 8% Ij 0 0 I. 2. The site is physically suitable for the type and density of the development since the 1 site is adequate in size and shape to accommodate residential development at the density proposed. 2 3 4 5 6 7 8 9 3, The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 4. School fees will be paid to ensure the availability of school facilities in the Carlsbad School District. lo 11 5. Park-in-lieu fees are required as a condition of approval. 6. All necessary public improvements have been provided or will be required as 12 conditions of approval. 13 14 7. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available 15 concurrent with need as required by the General Plan. 16 8. The proposed project is compatible with the surrounding future land uses since 17 surrounding properties are designated for residential development on the General Plan. 18 19 20 21 22 23 24 25 26 27 9. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on December 12, 1991 and APPROVED by the Planning Commission on February 5, 1992. In approving this staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 10. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. Negative Declaration the Planning Commission has considered the initial study, the PC RES0 NO. 3339 -2- 28 ll ,, I. I/ . 8 e 1 2 3 4 11. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. 12. As dismsed in the staffreport, the grading for CI' 90-37 substantially complies with the mass grading approved on the Aviara Phase II Master Tentative Map (CI' 89- 37). 5 6 13. The Tentative Tract Map, CI' 90-37, satisfies all requirements of Title 21, the 7 Subdivision Ordinance, and the State Map Act. 14. The design of CI' 90-37 is consistent with MP 177. 8 9 15. The Tentative Tract Map, CT 90-37, is in compliance with the underlying Mdo I Local coastal Program, $0 I/ conditions: 11 12 13 14 15 16 1. 2. Approval is granted for CT 90-37, as shown on Exhibit(s) "A" - "P", dated February 5, 1992, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first. l7 18 3. A 500' scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. 19 approved unless the City Council finds as of the time of such approval that sewer 20 I 4. This project is approved upon the express condition that the final map shall not be 0'1 service is available to serve the subdivision. GI I1 22 23 24 25 26 27 28 ~ i 5. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. I.. i PC RES0 NO. 3339 -3- I( 0 0 I. 6. 1 2 3 4 5 6 7. 7 a 9 8. 10 11 This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to hlf'ill the subdivider's agreement to pay the public facilities fee dated October 26, 1991, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless previously excluded by the Parks Agreement between the City and Aviara Land Associates dated June 1, 1989. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. All or a portion of said fees may be waived subject to the approval of the Carkbad Unified School District. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. 10. This project shall comply with all conditions and mitigation required by Master Plan 177 and the Zone 19 Local Facilities Management Plan approved by the City Council on December 22,1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. 11. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 12. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of buildinf permit issuance. 13. The applicant shall annex the Aviara Planning Area 25 open space areas into tht Aviara Master Homeowner's Association concurrent with the recordation of the fina -P- PC RES0 NO. 3339 -4- .. 0 0 %. 14. 1 2 3 4 5 6 7 8 9 17. 15. 16. 10 11 12 13 14 18. 19. 15 20- 16 IV The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Existing onsite trees shall be retained wherever possible and shall be trimmed and/or topped. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Department in conformance with the Phase I1 Master Tentative Map (CX 89-37) Tree PreservationAntroduction Plan. Those trees which are approved for removal shall be replaced as required by the Phase II Tree Premvation/Introduction Plan. No tree removal shall occur prior to written approval of the tree removal program by the Planning Director. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tree List. Preliminary landscape plans shall be submitted. All landscape plans shall be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Guidelines Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. ILf II 18 19 20 21 22 23 24 25 26 27 21. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. 22. All herbicides shall be applied by applicators licensed by the State of California. 23. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 24. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolutiordresolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. PC RES0 NO. 3339 -5- 28 II 0 0 b. 1 2 3 4 5 6 7 8 9 25. Prior to final map approval for (rT 90-37, the project applicant or their successor in interest shall enter into an agreement with the City to provide the Aviara Master Plan's proportional share of the City's total obligation for very low, low, and moderate income housing units. 26. This project is approved subject to the condition that a Site Development Plan must be approved by the City prior to the issuance of any residential building permits within this subdivision. 27. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. The CC&R7s shall include provisions qe&ying Master Homeownds Association or PA 25 Neighborhood Homeowners Association maintenance responsibility for all natural and manufactured project open space areas. LO 11 28. The applicant shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. 29. This project is approved subject to the condition that all project landscaping 12 proposed in Exhibits "E" - 'P", dated February 5, 1992, shall be irrigated with reclaimed water. 13 14 15 16 1'7 18 .30- Prior to the recordation of the first final tract map, the owner of record of the property within the boundaries of this tentative tract map shall prepare and record a notice that this property is subject to overflight, sight, and sound of aird operating from McClellan - Palomar Airport, in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall post aird noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved the Planning Director. 19 ~ 31. prior to the issuance of a grading permit or the recordation of the final map, the project applicant shall receive a Coastal Development Permit which approves coastal Permit shall be required to be submitted to the City Planning Department for review prior to the issuance of a grading permit. 20 development which is in substantial codormance with this City approval. The 21 22 23 26 25 33. This project currently shows two retaining walls. This project is approved subject 24 Aviara Phase I3 Tentative Map ((3" 89-37) must be recorded as a hal map. 32. Prior to fbd map approval or the issuance of a grading permit for CT 90-37, the to the condition that no additional retaining walls greater than 2 feet in height 27 11 PC RES0 NO. 3339 28 II -6- 0 e >. 1 within the front or side yard setback area shall be permitted unless specifically approved by the Planning Commission during subsequent plan review. 2 3 34. AU landscaping along the retaining W~II on KCSIIXI Drive between the property he any future Site Development Plan over the subject property shall be in substantial 35. This project is approved subject to the condition that grading proposed as part of 4 and the edge of the sidewalk shall be maintained by the Homeownem Association. 5 conformance with the grading approved through this tentative map. 6 7 36. This project is approved subject to the condition that those portions of Lots 12 - 29 which are located within Coastal Commission deed restricted areas shall be required to be placed under an open space easement which shall prohibit encroachment for 8 development in perpetuity. Any future Site Development Plan processed for these lots shall be required to locate project fencing outside of the deed restricted area. 9 10 (1 37. All trails must be shown on the approved landscape plan. 11 12 13 14 38. The slope areas at the rear of Lots 1-34 not already deed restricted as Coastal Resome Boundary areas shall be placed in an open space easement and maintained in common by the Aviara Master Association. Except for perimeter fencing, no walls, fences, or other structures shall be allowed within the easement. The wording of the restrictions in the easement shall be submitted for the prior approval of the City of Carlsbad. A note to this effect shall be placed on the final map. 15 Endneering Conditions: Ii - 16 17 18 19 20 39. This project is located within the Mello I Local Coastal Plan. All development design shall comply with the requirements of that plan. 40. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. 41. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 21 42. The developer shall be responsible for coordination with S.D.G.&E., Pacific 22 Telephone, and Cable TV authorities. 23 24 25 26 27 43. Prior to final map approval the tract map for CX 89-37 must be recorded and the mass grading for CI' 89-37, Lot 3, shall be complete and finaled to the satisfaction of the City Engineer. ... PC RES0 NO. 3339 -7- I ~ 28 5. a 0 44. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 4-8. 16 17 18 19 45. 46. 47. 2o I The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision. Adequate provision for such maintenance shall be included with the CC&R’s subject to the approval of the City Engineer. The applicant shall defend, ind- and hold harmless the City and its agents officers, and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or null an approval of the City, the Planning commission or City Engineer which has been brought against the City within the time period provided by Section 66499.37 of the Subdivision Map Act. Approval of this tentative tract map shall expire twenty-four (24) months from the date of Planning Commission approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the Planning Commission. In approving an extension, the Planning Commission may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. Prior to approval of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update. The subject property is within the boundaries of Assessment District No. 88-1 (Alga Road). Upon the subdivision of land within the district boundaries, the applicant may pass through assessment to subsequent owners & if the applicant has executed a special Assessment District Pass-through Authorization Agreement. Said Agreement contains provisions regarding notice to potential buyer of the amount of the assessment and other provision and require the applicant to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the applicant does not execute the Authorization Agreement, the assessment on the subject property must be paid in full bv the applicant prior to anv subdivision of the land. 21 22 23 24 25 26 27 49. As required by state law, prior to the recordation of a final map over any of the subject property, a segregation of assessments must be completed and recorded for all subdivided lots. By applying for a segregation of assessments, the applicant agrees to pay the fee to cover the costs associated with the segregation. A segregation is not required if the applicant pays off the assessment on the subject property prior to the recordation of the final map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessment will appear on the tax bills of each new lot. PC RES0 NO. 3339 -8- 28 ._ 50. 1 2 3 4 5 6 7 8 9 10 51. 52. 11 53- 12 13 14 15 16 54. 0 e Based on a review of the proposed grading and the grading quantities shown on the tentative map, a grading pennit is required for this project. Prior to approval of a final map the applicant shall submit and receive approval for grading plans in accordance with City Codes and standards. Prior to issuing a building permit a grading Perm;t shall be obt-ed and grading be completed in accordance with approved grading plans. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, he must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. Addldona &ge easemenf~ may be reqwed- Drainage SIXIIC~UY~S shall be provided or installed prior to the issuance of grading or building permit as may be required by the City bgineer. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 1'7 18 19 20 21 22 23 55. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: A. Full public street improvements for Street A and Street B (also known as Wildrose Terrace). B. Public storm drain and sewer facilities as shown within the tentative map boundaries. 24 25 56. Improvements listed above shall be constructed within 18 months of final map approval and/or improvement plan approval, whichever occurs first. 26 /I 27 11 PC RES0 NO. 3339 -9- 28 ,.. .. 1) 0 57. Prior to approval of any grading or building permits for this project, the owner shall the site plan into the existing City of Carlsbad Street Lighting and Landscaping plancheck process. 1 District No. 1. The form shall be provided by the City during the improvement 2 give written consent to the annexation of the area shown within the boundaries of 3 4 58. The applicant shall comply with the pennit requirements of the National Pollutanl 6 Discharge Elimination System (NPDES). The applicant shall provide besl discharge to sensitive areas. Plans for such improvements shall be approved by the 7 City Engineer prior to approval of the final map or issuance of grading permit, whichever ocm first. 5 management practices to reduce surface pollutants to an acceptable level prior tc 8 9 10 11 12 13 14 59. Open space lots (Lot No's. 35 and 36) shall be owned in fee and maintained by the Aviara Master Association. 60. Concurrent with fjnal map recordation, all lots with sight distance corridors shall record a "Notice of Restriction on Real Property" for restricting height of landscaping and structures to 30" above the street. 61. Any encroachment through construction into deed restricted or undisturbed open space for the purpose of grading will require an amendment to the tentative map and approval of the California Coastal Commission. A note to this effect shall appear on the final grading plan. 15 62. Direct access rights for all lots abutting Alga Road, Kestrel Drive, "A" Street and Poinsettia Lane shall be waived on the final map. 16 63. Prior to final map approval the owner shall execute a Hold Harmless Agreement for 17 geologic failure. 18 19 20 21 22 23 64. The developer shall place the following note on the final map: Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and ind- the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 24 25 65. Prior to approval of the final map the property owner shall agree to participate in a drainage maintenance assessment district. The mechanism for such agreement 26 ll 27 I/ PC RES0 NO. 3339 -10- 28 m m shall be to the satisfaction of the City Engineer and the Utilities and Maintenance 1 4 3 Fire Conditions: 2 Director. 66. Additional onsite public hydrants are required. 67. Applicant shall submit a site plan to the Fire Department for approval, which depicts The plan should include offsite fire hydrants within 200 feet of the project. 68. An all-weather unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the other reasons, he may, in the interest of public safety, require that construction 5 location of required, proposed, and existing public water mains and fire hydrants. 6 7 a operations cease until the condition is corrected. 9 Fire Chief, the access road has become unserviceable due to inclement weather or lo 11 69. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. 12 70. Native vegetation which represents a fire hazard to structures shall be modified or removed in accordance with the specifications contained in the City of Carlsbad 13 14 Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the Fire Department for approval. 15 71. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements 16 and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. 17 18 19 72. The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. ' carlsbad Municipal Water District: 2o I 21 22 23 24 25 26 73. The developer's engineer shall schedule a meeting first with the City Fire Marshal and then with the District Engineer to review the preliminary water system layout prior to preparation of the water system improvement plans. 74. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. The Developer shall pay a San Diego County Water Authority capacity charge which will be collected at issuance of application for meter installation. 27 I\ PC RES0 NO. 3339 -11- 28 d,. . - *1 e 0 1 2 3 4 75. This project is approved upon the express condition that building permits will n be issued for development of the subject property unless the water district semi the development determines that adequate water and service is available at the tin of application for water service and will continue to be available until time occupancy. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannil 5 6 7 Commission of the City of Carlsbad, California, held on the 5th day of February, 1992,l the following vote, to wit: 8 9 10 11 12 AYES: Chairman Erwin, Commissioners: Schlehuber, Schram Holmes, Savary & Noble. NOES: None. ABSENT: Commissioner Hall. ABSTAIN: None. 13 14 15 16 ATTEST: z- TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION l? 18 I’ PLANNING DIRECTOR V MICHAEL J. HOLZMILLER 2o I 21 22 23 11 24 25 26 11 PC RESO NO. 3339 -12- 27 28